1 00:00:05,547 --> 00:00:06,547 (Operator speaking) 2 00:00:07,049 --> 00:00:10,049 (Rachel speaking) 3 00:00:19,186 --> 00:00:22,436 - (Telephone line disconnects) - (Operator speaking) 4 00:00:26,568 --> 00:00:29,488 (Female officer speaking) 5 00:00:29,613 --> 00:00:31,703 (Operator speaking) 6 00:00:39,373 --> 00:00:42,633 Rachel: A gruesome, horrible thing happened that day. 7 00:00:42,709 --> 00:00:47,549 He attacked me and I feel was going to kill me. 8 00:00:47,673 --> 00:00:50,033 I didn't want to kill him. I just didn't want him to kill me. 9 00:00:51,718 --> 00:00:53,888 I got away. He got me again. 10 00:00:54,012 --> 00:00:55,472 I was like, I'm going to die 11 00:00:55,597 --> 00:00:58,177 and that was the scariest moment in my life. 12 00:00:58,308 --> 00:01:01,058 (Operator speaking) 13 00:01:28,880 --> 00:01:34,800 This case is a perfect example of why there is justified use of force statutes, 14 00:01:34,928 --> 00:01:39,728 people should be able to defend themselves from being free of sexual attack, 15 00:01:39,850 --> 00:01:42,230 sexual assault, rape. Period. 16 00:01:46,189 --> 00:01:48,819 The facts as we know it 17 00:01:48,900 --> 00:01:54,110 are that at six o'clock, Rachel went to meet Jacob glace, her ex-husband, 18 00:01:54,197 --> 00:02:00,577 for the purposes of preventing him to have contact with his son. 19 00:02:00,704 --> 00:02:03,674 They needed a place to talk privately, 20 00:02:03,832 --> 00:02:07,292 it wasn't a matter that was gonna be discussed around strangers. 21 00:02:07,377 --> 00:02:10,167 They went about a half mile up the road. 22 00:02:10,339 --> 00:02:13,049 He attacked her, 23 00:02:13,175 --> 00:02:14,585 attempted to rape her, 24 00:02:15,677 --> 00:02:19,177 she used a pistol to defend herself, 25 00:02:19,306 --> 00:02:23,056 shot and killed him. 26 00:02:23,185 --> 00:02:27,145 Rachel was fortunate to have a handgun in that spot 27 00:02:27,230 --> 00:02:29,150 because if she hadn't, she would have been dead. 28 00:02:37,866 --> 00:02:39,236 Hey, rach, come on back. 29 00:02:40,786 --> 00:02:43,206 I specialize in self-defense cases. 30 00:02:43,330 --> 00:02:45,920 And when I met Rachel, 31 00:02:46,041 --> 00:02:50,091 I knew, right away, it was a case that was worthy to take pro bono, 32 00:02:50,170 --> 00:02:51,360 meaning that there's no charge. 33 00:02:51,380 --> 00:02:54,380 What she was trying to do was to help her kids 34 00:02:54,508 --> 00:02:58,098 and, you know, being a parent, that meant a lot to me. 35 00:03:00,972 --> 00:03:06,142 Right now, your current charges are deliberate homicide, 36 00:03:06,311 --> 00:03:08,401 it's the most serious charge there is. 37 00:03:10,357 --> 00:03:14,317 That charge would result in life incarceration. 38 00:03:20,033 --> 00:03:22,913 That's really heavy. (Chuckles) 39 00:03:23,036 --> 00:03:27,166 I certainly did not go down there intending to kill him that day. 40 00:03:29,376 --> 00:03:32,546 I did what I had to do so that I didn't die. 41 00:03:34,840 --> 00:03:39,640 Really, what the state is saying is that you killed Jacob glace 42 00:03:39,720 --> 00:03:43,970 because of the history of domestic abuse, 43 00:03:44,099 --> 00:03:45,559 and that you had had enough. 44 00:03:48,353 --> 00:03:51,693 There were five shots that ended up hitting him. 45 00:03:51,815 --> 00:03:55,025 But they're primarily going to talk about the shot to the back of the head 46 00:03:55,152 --> 00:04:00,572 and they're going to, somehow, go through and say that that was an execution. 47 00:04:02,367 --> 00:04:06,197 It baffles my mind, really, that they would think that about me. 48 00:04:07,998 --> 00:04:12,708 One of the things that we don't have is any photographs of you, 49 00:04:14,004 --> 00:04:16,054 as you were that day. 50 00:04:16,173 --> 00:04:19,553 These pictures were taken after a few days 51 00:04:19,676 --> 00:04:22,716 and I can show you a couple that I would think that, 52 00:04:22,846 --> 00:04:27,806 you know, like this one here, Rachel. 53 00:04:27,893 --> 00:04:33,023 This is one that they're saying that you may have did to yourself. 54 00:04:33,148 --> 00:04:36,188 That is completely ridiculous. 55 00:04:36,318 --> 00:04:38,358 So, you are entitled under Montana law 56 00:04:38,487 --> 00:04:45,737 to defend yourself, um, from a sexual assault, 57 00:04:45,869 --> 00:04:49,919 a forcible felony, or in a situation where you fear for your life. 58 00:04:52,000 --> 00:04:56,630 Normally, the police would not only investigate the crime 59 00:04:56,797 --> 00:04:59,967 or the potential crime of a death, 60 00:05:00,091 --> 00:05:01,591 but they would also investigate 61 00:05:01,676 --> 00:05:04,716 the person's claim of sexual assault and attempted rape. 62 00:05:05,889 --> 00:05:06,889 They didn't do it. 63 00:05:08,391 --> 00:05:10,141 We're going to reverse that on them, 64 00:05:10,227 --> 00:05:13,057 go out and do our own investigation, 65 00:05:13,188 --> 00:05:14,418 filling in blanks that they just don't have 66 00:05:14,439 --> 00:05:17,399 and so, we can get ahead of them. 67 00:05:17,526 --> 00:05:21,816 That allows us to be prepared, okay? 68 00:05:26,535 --> 00:05:31,995 I had a life that was predictable and enjoyable and calm 69 00:05:32,123 --> 00:05:35,793 and, now, all of that is gone. 70 00:05:35,877 --> 00:05:37,647 To know there's people out there who think I did that 71 00:05:37,671 --> 00:05:41,721 is disgusting and it makes me wanna throw up, 72 00:05:41,842 --> 00:05:44,682 because that couldn't be further, further from what happened 73 00:06:07,701 --> 00:06:11,541 Rachel: I was 15 when we got together 74 00:06:11,663 --> 00:06:16,293 and he was 22, almost 23 years old at the time. 75 00:06:17,502 --> 00:06:19,302 I was standing outside, one morning, 76 00:06:19,421 --> 00:06:21,191 waiting for the school bus to come pick me up, 77 00:06:21,214 --> 00:06:23,474 and he went walking by, uh, 78 00:06:23,592 --> 00:06:27,182 and he smiled and waved and continued on his way. 79 00:06:27,304 --> 00:06:30,644 So that was the beginning of our relationship. 80 00:06:30,807 --> 00:06:32,477 We had sex and I got pregnant with Orion. 81 00:06:33,518 --> 00:06:35,648 That was around my 16th birthday. 82 00:06:38,064 --> 00:06:43,744 So the sexual abuse began a couple of months after Orion was born 83 00:06:44,988 --> 00:06:47,158 and then it stopped. 84 00:06:47,282 --> 00:06:51,082 When I became pregnant with Isaac, he became physically abusive. 85 00:06:51,202 --> 00:06:54,792 He would pinch me, push me, throw things at me. 86 00:06:56,583 --> 00:06:59,383 And then Isaac was born in August of 2001, 87 00:06:59,502 --> 00:07:04,132 and, then... 88 00:07:04,257 --> 00:07:09,887 the sexual abuse started again about a week, week and a half or so 89 00:07:10,013 --> 00:07:11,643 after Isaac was born. 90 00:07:11,806 --> 00:07:15,436 And then that was when I tried to commit suicide for the first time, 91 00:07:15,560 --> 00:07:18,770 because I thought here we go again. 92 00:07:22,859 --> 00:07:26,239 On the inside, I feel like I was just a shell of a person 93 00:07:26,363 --> 00:07:30,123 and everything that was ever me was gone and I was just there. 94 00:07:33,578 --> 00:07:37,538 And I had two little babies to take care of, 95 00:07:41,294 --> 00:07:44,384 and a horrible monster that showed up to terrorize us. 96 00:07:54,432 --> 00:07:59,022 Jake and I were together for just under five years 97 00:07:59,145 --> 00:08:01,935 um, and... 98 00:08:08,238 --> 00:08:10,868 They were five very long years 99 00:08:10,991 --> 00:08:15,701 of abuse and isolation and torment and fear. 100 00:08:29,342 --> 00:08:33,182 It was eight-nine years of... 101 00:08:33,304 --> 00:08:36,144 The only time I'd see him is if it was one of the kid's birthdays, 102 00:08:36,266 --> 00:08:37,986 or one of them had a school event or something, 103 00:08:38,018 --> 00:08:41,978 and they wanted him to come, then we might bump into him at the school. 104 00:08:44,482 --> 00:08:47,282 I wished he would have just disappeared, 105 00:08:47,360 --> 00:08:49,950 but I just put on a smiley face 106 00:08:50,030 --> 00:08:50,700 and let him come over whenever he waned to come over 107 00:08:50,822 --> 00:08:52,912 and just pretend to be his friend. 108 00:08:53,867 --> 00:08:58,657 I, personally, do not feel any loss 109 00:08:58,788 --> 00:09:02,958 from him not walking the earth anymore. 110 00:09:03,043 --> 00:09:08,923 Um, what I do feel is the loss of my kids who lost their dad, 111 00:09:09,049 --> 00:09:10,179 um... 112 00:09:15,055 --> 00:09:16,055 And that is so hard. 113 00:09:35,533 --> 00:09:38,333 So, Lance, give me the general timeline 114 00:09:38,703 --> 00:09:41,253 of what happened 115 00:09:41,372 --> 00:09:45,292 in the hours leading up to the moment where she was assaulted? 116 00:09:45,376 --> 00:09:48,796 What we know is Rachel started her day at work, right? 117 00:09:48,922 --> 00:09:53,512 She's getting texts and information from glace saying that... 118 00:09:53,635 --> 00:09:55,545 Rob: That's the ex? Okay. Lance: Yes 119 00:09:55,678 --> 00:10:01,478 ex believes there's a problem with one of the children, and he wants to deal with it. 120 00:10:01,559 --> 00:10:04,979 She agrees to go to paradise to meet him. 121 00:10:05,146 --> 00:10:09,606 Where he's staying, the lady that owns the house is there. 122 00:10:09,734 --> 00:10:14,114 It doesn't allow for them to have a private conversation about the kids. 123 00:10:14,197 --> 00:10:16,317 Rachel has a new vehicle. 124 00:10:16,449 --> 00:10:17,199 He goes out and inspects it 125 00:10:17,325 --> 00:10:20,245 and says, "hey, let's go for a drive". 126 00:10:22,372 --> 00:10:23,622 She's not uncomfortable. 127 00:10:23,748 --> 00:10:26,498 She hasn't had a situation in 10-15 years 128 00:10:26,668 --> 00:10:29,088 where, I think, there's been any violence. 129 00:10:29,212 --> 00:10:31,482 So she doesn't go there thinking something bad's going to happen. 130 00:10:31,506 --> 00:10:33,086 Rob: Oh, okay. 131 00:10:33,174 --> 00:10:36,554 There's a little pull out. They start having an initial conversation. 132 00:10:36,678 --> 00:10:38,388 He gets different 133 00:10:38,513 --> 00:10:42,733 and then, kind of, goes in to try to kiss her once, 134 00:10:42,851 --> 00:10:44,351 and she kind of gives him a push off 135 00:10:44,477 --> 00:10:47,357 like, you know, that's not right, it ain't gonna happen type thing. 136 00:10:47,480 --> 00:10:51,280 He backed off, kind of apologized and then started kind of acting strange, 137 00:10:51,401 --> 00:10:55,241 pacing around, babbling about how bad his life type thing was. 138 00:10:55,363 --> 00:10:59,283 And then at some point in time, he says kind of, like, words like, "(Bleep) It," 139 00:10:59,367 --> 00:11:00,737 and he just attacks her. 140 00:11:02,245 --> 00:11:07,205 She escapes, she feels him grabbing at her pants 141 00:11:07,333 --> 00:11:10,803 and then grabs the gun, turns, closes her eyes, pulls the trigger. 142 00:11:10,879 --> 00:11:16,009 And then at 7:56, she calls 911. 143 00:11:17,510 --> 00:11:19,050 I hear what you're saying, 144 00:11:19,179 --> 00:11:22,099 but every person that I've talked to about this case has the same question. 145 00:11:22,891 --> 00:11:25,021 Why has she got a gun with her? 146 00:11:36,404 --> 00:11:39,574 I mean, the fact of the gun in the car, 147 00:11:39,699 --> 00:11:42,449 it's a good question to explain. 148 00:11:42,535 --> 00:11:44,175 What she's told me is that she goes on hikes. 149 00:11:44,204 --> 00:11:45,974 I mean, they live in lakeside, so it's bear country. 150 00:11:45,997 --> 00:11:48,917 So, she has a gun always when she goes on a hike, 151 00:11:49,042 --> 00:11:51,632 and so it's not uncommon. 152 00:11:51,794 --> 00:11:53,634 I mean, we live in Montana. 153 00:11:53,755 --> 00:11:56,145 If you didn't have the gun in the car, you'd be considered a weirdo. 154 00:11:56,174 --> 00:11:58,054 Yeah. 155 00:12:09,020 --> 00:12:12,270 Here, Isaac, can you set the table for me? 156 00:12:12,398 --> 00:12:14,148 Of course. 157 00:12:14,317 --> 00:12:15,627 It's really nice to get all the kids together, 158 00:12:15,652 --> 00:12:18,912 or at least some of them to sit down and have dinner with us. 159 00:12:19,030 --> 00:12:21,620 How many people are eating today? 160 00:12:21,741 --> 00:12:22,911 - Rachel: Four. - Four? Okay. 161 00:12:23,034 --> 00:12:24,644 Which means you'll probably sit next to Corey. 162 00:12:24,661 --> 00:12:25,831 That's fine. 163 00:12:28,623 --> 00:12:30,003 I met Corey on match.Com. 164 00:12:30,083 --> 00:12:32,923 I didn't do bars and I didn't do church 165 00:12:33,044 --> 00:12:36,344 and there was no really where else to meet people. 166 00:12:44,806 --> 00:12:48,516 My headspace is all over the place. 167 00:12:50,478 --> 00:12:50,978 Rachel's my best friend, 168 00:12:51,104 --> 00:12:55,484 she's my everything. 169 00:12:55,608 --> 00:12:59,398 My whole world revolves around her, the family. 170 00:13:00,989 --> 00:13:04,409 It gives me a great level of rage, 171 00:13:04,534 --> 00:13:07,504 seeing her go through the levels of pain that I do, 172 00:13:07,578 --> 00:13:10,158 having to be there for her when she cries, 173 00:13:10,248 --> 00:13:14,838 having the tough discussions about what are we going to do if all of this goes south. 174 00:13:15,003 --> 00:13:20,343 If she's taken away and, 175 00:13:20,466 --> 00:13:25,386 worst case scenario, life, everything stops, everything's done. 176 00:13:28,099 --> 00:13:31,979 I know that things will never go back to normal. 177 00:13:32,103 --> 00:13:36,943 So that's not what I'm striving for, 178 00:13:37,025 --> 00:13:42,855 but at least trying to keep our day-to-day lives resembling some type of normal. 179 00:13:42,989 --> 00:13:44,949 It's nice having you guys both home for dinner. 180 00:13:45,033 --> 00:13:46,223 Isaac: Wonderful. Corey: Thank you, sir. 181 00:13:46,242 --> 00:13:49,502 Looks amazing, great job, great job. 182 00:13:49,620 --> 00:13:51,910 Rachel: As much as I really enjoy family dinner time. 183 00:13:52,040 --> 00:13:54,710 Since October, 184 00:13:54,834 --> 00:13:57,504 my heart feels like it's being squeezed really tight 185 00:13:57,670 --> 00:13:59,170 and jumps up into my throat. 186 00:13:59,297 --> 00:14:01,477 And I think that what if these next few months are going to be 187 00:14:01,507 --> 00:14:02,907 the last time I ever get to do that. 188 00:14:06,304 --> 00:14:08,314 What if it goes all wrong 189 00:14:09,349 --> 00:14:12,599 and I get convicted of murder and have to go to prison? 190 00:14:19,984 --> 00:14:22,494 So I face it all the time, all day. 191 00:14:25,239 --> 00:14:30,949 Isaac: I don't blame my mom. I hated my dad. 192 00:14:31,079 --> 00:14:36,959 I never felt anything for him, past his abuse. 193 00:14:37,043 --> 00:14:39,633 There's only so much love you can have for a man 194 00:14:39,754 --> 00:14:43,094 when you would hear him beat his wife so many (bleep) Damn days. 195 00:14:45,885 --> 00:14:46,965 When the man that made you, 196 00:14:47,053 --> 00:14:48,933 who made you who you are, 197 00:14:49,013 --> 00:14:53,773 holds a rifle in one hand and a bottle of Tequila in the other 198 00:14:53,893 --> 00:14:57,233 and leaves accusing you of how (bleep) His life has been, 199 00:14:57,355 --> 00:15:00,355 when you're 15 (Bleep) Damn years old? 200 00:15:03,236 --> 00:15:07,236 Quite frankly, if the worst was to happen, 201 00:15:07,365 --> 00:15:10,575 if my mom does end up going away, 202 00:15:10,701 --> 00:15:16,001 I think that because of her role as the glue that holds us all together, 203 00:15:16,124 --> 00:15:18,384 our family would just inherently disintegrate. 204 00:15:32,348 --> 00:15:34,018 Jamie: Is this spring? Lance: Yeah 205 00:15:44,277 --> 00:15:48,487 So, Jamie, today, I wanna go over the interviews 206 00:15:48,614 --> 00:15:52,454 that I conducted with the officers that responded to the incident. 207 00:16:35,995 --> 00:16:36,365 Jamie: So that is a concern to me. 208 00:16:36,537 --> 00:16:38,077 Um, I think that 209 00:16:38,206 --> 00:16:42,666 we're going to need to explain the proximity of where this all happened, 210 00:16:42,793 --> 00:16:44,403 how she fired the shots how quickly she fired the shots. 211 00:16:44,420 --> 00:16:49,590 We're going to have to do our due diligence to explain that. 212 00:16:49,717 --> 00:16:51,147 Lance: Alright, Jamie, the second one's gonna be 213 00:16:51,177 --> 00:16:52,657 of the other detective that responded. 214 00:17:35,721 --> 00:17:38,311 So, I mean, I don't know that much about first step, 215 00:17:38,391 --> 00:17:41,351 but maybe tell me what is the first step facility? 216 00:17:41,477 --> 00:17:44,147 First step is set up to do forensic interviews 217 00:17:44,272 --> 00:17:48,942 and examinations on victims of assaults, primarily sexual assaults. 218 00:17:49,026 --> 00:17:51,196 There are protocols in place to collect that evidence. 219 00:17:51,362 --> 00:17:53,162 And that's what first step is there for. 220 00:17:53,322 --> 00:17:55,832 (Lance speaking on video) 221 00:18:46,042 --> 00:18:50,422 Lance: Do you normally take people that have been sexually assaulted, 222 00:18:50,504 --> 00:18:55,934 is it standard procedure to go to first step to have them gather that evidence? 223 00:18:56,052 --> 00:18:57,452 Jamie: I don't see why you wouldn't! 224 00:18:57,511 --> 00:19:01,601 Any transfer of DNA on the clothing, on her skin, 225 00:19:02,933 --> 00:19:05,853 they are the best in the state at gathering it. 226 00:19:05,978 --> 00:19:10,148 Lance: I totally do not understand how that doesn't happen. 227 00:19:10,232 --> 00:19:12,152 Jamie: Because he doesn't believe her 228 00:19:12,276 --> 00:19:14,816 and that is indicated to me by his statement. 229 00:19:14,904 --> 00:19:15,914 He said "allegedly." 230 00:19:18,074 --> 00:19:19,624 I don't think he believed her. 231 00:19:19,700 --> 00:19:21,390 I don't think he believed that there was anything to investigate. 232 00:19:21,410 --> 00:19:23,430 Whether it was a rape, whether there was penetration or no penetration, 233 00:19:23,454 --> 00:19:27,044 it's still... A sexual assault is a crime. 234 00:19:27,166 --> 00:19:30,796 That is great ammo for me as a defense attorney, right. 235 00:19:30,920 --> 00:19:34,220 She is never, ever considered a victim. 236 00:19:49,647 --> 00:19:53,647 Rachel: I am the shelter coordinator for the Abbie shelter. 237 00:19:53,734 --> 00:19:56,404 It's for survivors of domestic and sexual violence. 238 00:19:56,529 --> 00:20:01,659 If and when those survivors are ready to leave their homes, 239 00:20:01,784 --> 00:20:07,214 I provide employment, housing, educational resources, child care, things like that. 240 00:20:07,331 --> 00:20:11,631 Myself, having gone from, leaving an abusive relationship 241 00:20:11,752 --> 00:20:14,592 to be able now to be in the position where 242 00:20:14,714 --> 00:20:16,054 I can be that support to someone 243 00:20:16,173 --> 00:20:19,553 who doesn't have anybody else is really, really fulfilling. 244 00:20:19,677 --> 00:20:22,297 And now I might lose my freedom. 245 00:20:26,267 --> 00:20:28,637 And I really don't want to not belong here, 246 00:20:30,020 --> 00:20:31,310 because I love it here. 247 00:20:52,334 --> 00:20:55,674 All right, so before we start the reenactment, 248 00:20:55,796 --> 00:20:57,396 we're gonna do, let's talk just about what our goal is. 249 00:20:57,423 --> 00:21:01,803 I mean, to me, the biggest issue we have here 250 00:21:01,886 --> 00:21:05,806 is to show the jury why this was self-defense 251 00:21:05,890 --> 00:21:11,690 and not a homicide, is proximity of Rachel and glace 252 00:21:12,688 --> 00:21:14,188 when the shooting happens. 253 00:21:14,315 --> 00:21:16,275 Any time you're dealing with self-defense 254 00:21:16,358 --> 00:21:18,818 like we are in this one, proximity is everything. 255 00:21:18,903 --> 00:21:21,783 A threat at 50 yards is way different at two feet. 256 00:21:21,864 --> 00:21:24,664 So we have to figure out where Rachel is positioned 257 00:21:24,742 --> 00:21:25,452 and have her walk it through for us 258 00:21:25,534 --> 00:21:28,124 from beginning to end. 259 00:21:28,204 --> 00:21:29,834 I think the important things to me 260 00:21:29,914 --> 00:21:33,504 and kind of the missing links here are going to be the state's theory 261 00:21:33,667 --> 00:21:37,127 that this was an execution-style murder, 262 00:21:37,213 --> 00:21:39,763 that she assassinated him 263 00:21:39,840 --> 00:21:43,640 and or did some sort of a finishing shot to the back of his head. 264 00:21:43,719 --> 00:21:46,809 Well, you know, that's a question that they have. 265 00:21:46,931 --> 00:21:48,601 So, we're going to have to answer it. 266 00:22:04,198 --> 00:22:07,658 Rachel: I feel quite angry that in this day and age 267 00:22:07,785 --> 00:22:12,535 a sex assault victim has to go re-enact her assault. 268 00:22:16,085 --> 00:22:18,045 The thing about that day 269 00:22:19,630 --> 00:22:23,760 that follows me around all day long 270 00:22:23,843 --> 00:22:28,103 in the lurking, (chuckles) In the dark corners of my brain 271 00:22:29,348 --> 00:22:32,228 is his face after he died. 272 00:22:32,351 --> 00:22:35,191 And that's what I see when I wake up first thing in the morning, 273 00:22:35,354 --> 00:22:38,654 and that's what I see when I close my eyes to go to bed at night. 274 00:22:38,774 --> 00:22:43,704 And having to be out there doing the reenactment... 275 00:22:45,698 --> 00:22:48,448 And I know they're gonna ask me 100 different ways, 276 00:22:48,534 --> 00:22:50,544 "how was he laying, how were you standing? 277 00:22:50,661 --> 00:22:52,871 "What did you see?" 278 00:22:54,832 --> 00:22:56,462 And all I'm gonna see is his face. 279 00:23:07,052 --> 00:23:10,182 Lance: So, everyone, we're here to do a reenactment 280 00:23:10,306 --> 00:23:13,726 of what took place on October 8th. 281 00:23:13,851 --> 00:23:18,061 Everybody's input is welcome. 282 00:23:18,188 --> 00:23:18,768 Would you introduce yourself? 283 00:23:18,856 --> 00:23:21,356 My name is Dr. Sarah Baxter, 284 00:23:21,525 --> 00:23:23,125 I'm a clinical and forensic psychologist. 285 00:23:23,193 --> 00:23:24,503 I've been practicing in Montana for about 30 years. 286 00:23:24,528 --> 00:23:29,158 My name's Austin, I'm here to play Jake in the re-enactment 287 00:23:29,241 --> 00:23:30,801 and do whatever I can to accurately portray 288 00:23:30,826 --> 00:23:34,286 what happened and occurred on that night. 289 00:23:34,371 --> 00:23:37,921 My name is Trish rice, I'm from three forks Montana. 290 00:23:38,042 --> 00:23:40,042 I'm a firearms instructor with Montana tactical. 291 00:23:47,176 --> 00:23:49,296 Lance: Thirty-three feet, nine and a half. 292 00:23:49,470 --> 00:23:49,890 So head over in that direction. 293 00:23:50,012 --> 00:23:51,972 Otis: Okay, got it. 294 00:24:01,815 --> 00:24:04,225 Lance: It's pretty damn close, guys. 295 00:24:08,614 --> 00:24:12,624 What, when you get here, you pull in and park like this, 296 00:24:12,701 --> 00:24:16,581 what is the next thing that you guys do? 297 00:24:16,705 --> 00:24:20,125 Okay, so we got out of the car, 298 00:24:20,209 --> 00:24:23,879 lit some cigarettes, talking, walking around. 299 00:24:24,004 --> 00:24:27,974 I finished my smoke, walked over here, 300 00:24:28,050 --> 00:24:31,600 hit the button, opened the hatch, lowered the bottom one. 301 00:24:31,679 --> 00:24:33,929 And then I sat down, and then I just sat here 302 00:24:34,014 --> 00:24:37,814 while he continued pacing around and talking. 303 00:24:37,935 --> 00:24:39,975 Lance: Okay. 304 00:24:40,104 --> 00:24:42,444 Go ahead and go to the back of the vehicle 305 00:24:42,523 --> 00:24:44,653 like you would have been and I want you to go up there 306 00:24:44,733 --> 00:24:46,993 - and position her as best you can. - Okay. 307 00:24:49,446 --> 00:24:52,486 And then just hop on up. 308 00:24:52,574 --> 00:24:55,704 All right, you're sitting in the back of the vehicle? 309 00:24:55,828 --> 00:24:59,788 So once you sat down, things started happening? 310 00:24:59,873 --> 00:25:04,803 He... I sat down. He started crying. 311 00:25:04,878 --> 00:25:08,798 The kids hate him, um, he misses me so much. 312 00:25:08,924 --> 00:25:12,554 "Why didn't our marriage work?" 313 00:25:12,678 --> 00:25:15,468 And then that's when he came in to try and kiss me the first time. 314 00:25:15,597 --> 00:25:17,807 And I pushed him away and I was like, hey, no, uh-uh. 315 00:25:17,933 --> 00:25:19,983 Tried to laugh it off, lighten the mood, 316 00:25:20,060 --> 00:25:24,690 because that's when the tension just went whoosh, 317 00:25:24,815 --> 00:25:28,025 and he was like, "oh, yeah, sorry, ha-ha." 318 00:25:30,738 --> 00:25:34,828 So he stayed probably about this distance from me, give or take. 319 00:25:36,785 --> 00:25:40,745 And his face changed. 320 00:25:40,873 --> 00:25:43,833 His eyes got like a glassy appearance to them. 321 00:25:43,917 --> 00:25:45,707 And they started getting squinty 322 00:25:45,836 --> 00:25:50,046 and he was making these little, half-creepy smirk things with his face. 323 00:25:50,174 --> 00:25:52,804 At some point, he said, like he was having a conversation 324 00:25:52,968 --> 00:25:56,558 with himself in his head, is what it appeared like 325 00:25:56,680 --> 00:25:57,060 and then he said, "(Bleep) It." 326 00:25:57,181 --> 00:25:59,181 Sorry, hold on... 327 00:26:20,871 --> 00:26:23,101 Okay, Rachel, you talked about the change in look in his face. 328 00:26:23,123 --> 00:26:26,633 From your time with him, did you recognize that? 329 00:26:26,752 --> 00:26:29,342 I had seen that face before when we were married 330 00:26:31,298 --> 00:26:33,968 and he would assault me. 331 00:26:34,051 --> 00:26:37,851 That was the face he made when he had been drinking 332 00:26:37,971 --> 00:26:41,641 and wanted... 333 00:26:48,607 --> 00:26:51,107 That face always ended with me getting hurt in some way. 334 00:27:01,578 --> 00:27:08,128 Lance: What we wanna do, if we can, is see how you escaped. 335 00:27:09,211 --> 00:27:14,381 I froze at first, went down and just froze, 336 00:27:14,508 --> 00:27:18,508 and he started kissing my face, my neck. 337 00:27:18,637 --> 00:27:21,157 I felt him pull my shirt aside and then his face went down into my chest 338 00:27:21,181 --> 00:27:24,481 and then that's when I came alive 339 00:27:24,560 --> 00:27:27,520 and tried to start to get out from underneath him. 340 00:27:27,646 --> 00:27:28,016 Lance: Okay. 341 00:27:28,188 --> 00:27:31,108 And I went that way. 342 00:27:31,191 --> 00:27:34,651 Hey, Seth, I think we should have you on this side, 343 00:27:34,778 --> 00:27:37,658 because we may ultimately want to show the jury 344 00:27:37,781 --> 00:27:39,831 what happened on this side of the vehicle. 345 00:27:39,908 --> 00:27:42,998 So this is gonna be the best opportunity to see this portion of it. 346 00:27:43,078 --> 00:27:45,368 Okay, so, we're picking up here... 347 00:27:47,541 --> 00:27:49,711 He goes after her 348 00:27:49,835 --> 00:27:52,335 and that's likely where the pants button... 349 00:27:52,462 --> 00:27:54,722 Lance: Yeah, the pants were ripped then. 350 00:27:54,840 --> 00:27:57,470 Rob: Did you have any sense of the speed that he was coming at you? 351 00:27:57,551 --> 00:27:59,551 Other than when he grabbed my pants, 352 00:27:59,678 --> 00:28:01,968 when I was going, I mean, 'cause I was about here-ish... 353 00:28:02,055 --> 00:28:06,725 Rob: Was it a glancing... Was it that or was it a solid... 354 00:28:06,852 --> 00:28:07,642 It was a hard yank. 355 00:28:07,728 --> 00:28:09,118 And that was because it was so hard. 356 00:28:09,146 --> 00:28:13,976 That's why I kind of like went in face first into the car 357 00:28:14,067 --> 00:28:15,937 because I was like, oh, pants! 358 00:28:16,028 --> 00:28:18,488 Lance: Lemme... So, on the pants, do you think 359 00:28:18,572 --> 00:28:20,872 that the pull caused the pants, 360 00:28:20,991 --> 00:28:24,581 or do you think that the pants were ripped from what he was doing in the back? 361 00:28:24,703 --> 00:28:29,463 My button was undone and the zipper was maybe somewhat down in the car 362 00:28:29,541 --> 00:28:34,501 and when he grabbed, I hear in my head like the loudest sound in the world, 363 00:28:34,630 --> 00:28:37,050 even today, the sound of the metal of my zipper ripping. 364 00:28:37,174 --> 00:28:40,144 If he's pursuing you, you think he's right on your neck, 365 00:28:40,219 --> 00:28:45,639 if he doesn't lose that grip he's going to smack you into the front. 366 00:28:45,766 --> 00:28:50,056 That was the scariest moment of the whole event 367 00:28:50,187 --> 00:28:52,857 to me, because I got away. 368 00:28:52,981 --> 00:28:57,651 He got me again. I didn't, I was like, I'm going to die. 369 00:28:57,736 --> 00:29:01,526 This is it, like, I had never felt that level of fear in my life 370 00:29:01,657 --> 00:29:02,487 and I have been through some (bleep), 371 00:29:02,616 --> 00:29:05,786 and that was the scariest moment in my life. 372 00:29:08,288 --> 00:29:09,328 (Sniffles) 373 00:29:20,509 --> 00:29:21,929 Rachel: I fell in like this, 374 00:29:23,971 --> 00:29:25,511 grabbed the gun. 375 00:29:26,682 --> 00:29:28,482 Lance: Did you have to cock the gun? 376 00:29:30,269 --> 00:29:31,769 - I don't remember. - Okay. 377 00:29:31,895 --> 00:29:34,015 - Then we're gonna grab the gun... - Grabbed the gun. 378 00:29:38,151 --> 00:29:41,151 - Lance: Austin, need you. - So... 379 00:29:41,238 --> 00:29:43,338 Rob: Do you remember anything about his posture, his body position? 380 00:29:43,365 --> 00:29:46,325 When I turned around he was making a forward motion towards me. 381 00:29:46,451 --> 00:29:50,961 - Okay. - He stopped when he saw I had the gun. 382 00:29:51,039 --> 00:29:55,879 Rachel do you remember him at some point, rotating at all? 383 00:29:56,003 --> 00:29:57,633 Or going this way? 384 00:29:57,754 --> 00:30:00,884 He was facing directly in front of me when I fired the first shot 385 00:30:01,008 --> 00:30:04,638 and I have no... I closed my eyes until he was in the dirt. 386 00:30:04,803 --> 00:30:07,563 I do not know what his body did after I fired. 387 00:30:09,516 --> 00:30:12,476 Lance: We know it was this close. 388 00:30:12,602 --> 00:30:14,352 Jamie: He was right there? 389 00:30:14,479 --> 00:30:20,649 The... so her arm extended, that shot to the shoulder is within two feet. 390 00:30:20,777 --> 00:30:21,777 Oh right, okay. 391 00:30:21,903 --> 00:30:24,163 Basically, I'm almost looking at you 392 00:30:24,281 --> 00:30:25,621 - the way it would be. - Okay. 393 00:30:25,699 --> 00:30:30,249 So then shot here, here and then here. 394 00:30:30,370 --> 00:30:35,500 And then at some point, the last bullet hits, 395 00:30:35,584 --> 00:30:37,344 so his body would have spun, 396 00:30:37,502 --> 00:30:40,712 and that's how the bullet got in the back of his head. 397 00:30:52,976 --> 00:30:54,636 Lance: So I'm gonna go meet with Jasmine, 398 00:30:54,770 --> 00:30:56,980 a former significant other of glace. 399 00:31:12,079 --> 00:31:14,999 The fact that glace had been charged with a felony, 400 00:31:15,123 --> 00:31:19,253 partner or family member assault from her. 401 00:31:19,336 --> 00:31:22,626 My hope is that'll help in corroborating 402 00:31:22,756 --> 00:31:26,126 that Rachel was going to be raped 403 00:31:26,218 --> 00:31:28,718 but it will be documented by someone other than her, 404 00:31:28,845 --> 00:31:30,385 that experienced the same thing. 405 00:31:41,441 --> 00:31:43,651 Oh, well, thanks for having us, Jasmine. 406 00:31:43,777 --> 00:31:47,157 I know that this is not a pleasurable thing to be involved in, 407 00:31:53,120 --> 00:31:57,210 It was in march of 2020 that he assaulted you? 408 00:31:57,374 --> 00:31:58,964 Jasmine: March 20th, 2020. 409 00:31:59,042 --> 00:32:01,752 I got a restraining order. 410 00:32:01,878 --> 00:32:05,298 My kids and I moved within a two-week period 411 00:32:05,382 --> 00:32:07,512 and we've essentially been in hiding. 412 00:32:07,634 --> 00:32:14,224 Lance: Prior to the time you got your restraining order, did you ever have concerns? 413 00:32:14,349 --> 00:32:15,349 A lot. 414 00:32:15,392 --> 00:32:16,892 Lance: Rachel kind of described this 415 00:32:17,018 --> 00:32:18,848 and I just wanted to see if it was similar, 416 00:32:19,020 --> 00:32:23,400 like, you could tell, like, a look that he would get? 417 00:32:23,525 --> 00:32:25,565 - Mmm-hmm. - A smirk or anything? 418 00:32:25,694 --> 00:32:28,494 Before physical violence or sexual violence, 419 00:32:28,572 --> 00:32:33,912 there would be, like, a malicious grin. 420 00:32:34,035 --> 00:32:36,995 I can definitely say he got pleasure in violence. 421 00:32:44,963 --> 00:32:49,763 Lance: We're going to turn this over to the state. 422 00:32:49,885 --> 00:32:55,015 What would you want them to know about him and what he's done to you 423 00:32:55,140 --> 00:32:57,480 and what he would have done to Rachel? 424 00:32:59,186 --> 00:33:01,496 Well, there's a instance of me being abused in front of my kids. 425 00:33:01,521 --> 00:33:04,321 I've had a .45 held to my head 426 00:33:04,399 --> 00:33:11,699 and the trigger pulled a couple of times in front of my kids. 427 00:33:11,823 --> 00:33:15,163 And if I told him he was hurting me. He got more excited. 428 00:33:15,952 --> 00:33:17,332 (Sniffles) 429 00:33:17,412 --> 00:33:19,212 If I cried, he got more excited. 430 00:33:21,041 --> 00:33:24,001 Do you think Rachel had reason to believe 431 00:33:24,127 --> 00:33:27,627 - her life was in danger? - I absolutely do. 432 00:33:29,216 --> 00:33:32,966 Based on my own experiences, I absolutely do. 433 00:33:33,094 --> 00:33:34,854 Lance: Thanks for your time, Jasmine. 434 00:33:34,971 --> 00:33:38,771 I appreciate you getting involved because Rachel's life is at stake. 435 00:33:47,025 --> 00:33:49,685 Well, that's something you don't see every day. 436 00:33:49,819 --> 00:33:51,489 I'm looking at two filings from the court 437 00:33:51,613 --> 00:33:55,163 that indicate to me that the county attorney 438 00:33:55,283 --> 00:33:58,663 has requested the Attorney General's special prosecution division 439 00:33:58,787 --> 00:33:59,997 assist her in this case. 440 00:34:00,080 --> 00:34:03,750 It just signals to me they're taking the case serious. 441 00:34:03,875 --> 00:34:08,795 They've also hired a private law firm from missoula 442 00:34:08,922 --> 00:34:12,762 so the deck's stacked against us at this point 443 00:34:12,842 --> 00:34:15,012 but we'll see where it ends up. 444 00:34:15,136 --> 00:34:19,426 On one hand, these, the ag, county and private law firm 445 00:34:19,558 --> 00:34:21,808 have unlimited resources, 446 00:34:21,977 --> 00:34:23,937 which is a negative for us. 447 00:34:24,020 --> 00:34:29,860 Conversely, you have open minds that will listen to reason. 448 00:34:30,026 --> 00:34:33,856 If this case is baseless, these two attorneys won't take it forward. 449 00:34:41,871 --> 00:34:44,041 Rachel: Being active and baking, 450 00:34:44,165 --> 00:34:46,245 one of the things that I love to do, 451 00:34:46,334 --> 00:34:49,714 it gets my mind out of the space 452 00:34:49,838 --> 00:34:54,008 of thinking about the trial coming up, 453 00:34:54,175 --> 00:34:57,295 like I'll just be sitting at the table, having a cup of coffee in the morning 454 00:34:57,470 --> 00:35:01,020 and all of a sudden 455 00:35:01,850 --> 00:35:05,520 I'll have a thought about the court case, 456 00:35:05,645 --> 00:35:11,315 and then my next automatic thought is 457 00:35:11,443 --> 00:35:14,153 am I gonna be home in August or am I gonna be in prison? 458 00:35:32,964 --> 00:35:34,034 Lance: We're on our way to polson, 459 00:35:34,049 --> 00:35:38,139 which is the halfway point for meeting Rachel. 460 00:35:38,219 --> 00:35:40,779 The reason we're doing that is there's been a bunch of developments 461 00:35:40,805 --> 00:35:44,725 in her case. She needs to make some decisions. 462 00:35:44,851 --> 00:35:48,311 And it's one of those things that you need to do in person. 463 00:35:49,272 --> 00:35:50,272 It's a big moment. 464 00:35:56,696 --> 00:35:58,946 - Hi, guys. - Rachel: Hello! 465 00:36:00,950 --> 00:36:04,200 So this is what they have filed. 466 00:36:08,792 --> 00:36:11,042 Okay, I need to breathe first. 467 00:36:16,966 --> 00:36:18,676 So what it is, it's a motion to dismiss. 468 00:36:18,843 --> 00:36:25,983 In 20-plus years of doing this, I think I've only sat with maybe one other person 469 00:36:26,059 --> 00:36:29,689 that's gotten a motion to dismiss on a homicide case. 470 00:36:31,439 --> 00:36:33,399 But it's without prejudice. 471 00:36:33,525 --> 00:36:34,765 So without prejudice, that's... 472 00:36:34,859 --> 00:36:36,799 Corey: They can come back at some point in time in the future, 473 00:36:36,820 --> 00:36:39,030 if something arises. 474 00:36:46,663 --> 00:36:48,623 Normally, I'd say, gosh, you know, 475 00:36:48,748 --> 00:36:50,668 it's... we'd be having a giant party, 476 00:36:50,750 --> 00:36:55,510 to be honest. But if you read that, it doesn't exonerate you. 477 00:36:55,630 --> 00:37:01,090 It doesn't do anything to say what you did was justified 478 00:37:01,219 --> 00:37:05,099 and that last paragraph really bugs me. 479 00:37:05,181 --> 00:37:08,061 Rachel: "To make a determination at a later date whether to apply 480 00:37:08,184 --> 00:37:11,104 "for leave to re-file upon reexamination." 481 00:37:11,229 --> 00:37:14,689 Right, it essentially is a whitewashing of what took place here 482 00:37:14,858 --> 00:37:19,398 and still leaves a cloud over you. 483 00:37:19,529 --> 00:37:23,869 And so what do we do? There's a couple of different options. 484 00:37:23,992 --> 00:37:27,582 There may be the opportunity for us 485 00:37:27,704 --> 00:37:30,754 to have a hearing with the judge 486 00:37:30,874 --> 00:37:35,594 to say we object to it being without prejudice 487 00:37:35,670 --> 00:37:38,090 and we want it with prejudice. 488 00:37:44,679 --> 00:37:48,519 And so that's what you guys are going to have to ponder the next couple of days, 489 00:37:48,641 --> 00:37:51,351 how you want to proceed on it. 490 00:38:18,338 --> 00:38:21,968 Rachel: I have a hot lead ball in my stomach, is how I feel. 491 00:38:22,091 --> 00:38:25,091 Everyone thinking about me, talking about me 492 00:38:25,220 --> 00:38:27,020 and it just gives me all kinds of anxiousness. 493 00:38:34,354 --> 00:38:35,354 Thank you. 494 00:38:37,690 --> 00:38:39,150 Ready to go. 495 00:38:40,652 --> 00:38:41,652 Ready to go. 496 00:39:01,881 --> 00:39:04,971 Good afternoon, everyone. Please be seated. 497 00:39:07,971 --> 00:39:10,641 All right, thank you, everyone. 498 00:39:10,807 --> 00:39:16,437 We're here after the state filed a motion to dismiss this matter without prejudice. 499 00:39:16,563 --> 00:39:22,283 The state represented that it was still expecting unspecified forensic tests. 500 00:39:22,402 --> 00:39:27,492 The defense filed a qualified opposition requesting the matter be dismissed with prejudice. 501 00:39:27,615 --> 00:39:31,735 The court set the matter for oral argument here today. 502 00:39:31,870 --> 00:39:34,620 So with that, Mr. McConnell. 503 00:39:34,747 --> 00:39:36,027 McConnell: Thank you, your honor. 504 00:39:37,208 --> 00:39:39,088 Both parties agree in this case, your honor, 505 00:39:39,168 --> 00:39:41,208 that the case should be dismissed. 506 00:39:41,337 --> 00:39:43,917 The only question is the characterization, 507 00:39:44,007 --> 00:39:46,507 whether it's with prejudice or without prejudice. 508 00:39:46,634 --> 00:39:50,144 The state believes a dismissal without prejudice 509 00:39:50,305 --> 00:39:53,305 is in line with the Montana statute, Montana precedent 510 00:39:53,391 --> 00:39:55,811 and relevant jurisprudence in this area. 511 00:39:55,894 --> 00:40:00,364 The bottom line is there's no statute of limitations for homicide charges. 512 00:40:02,275 --> 00:40:06,235 All right. Thank you. Counsel. 513 00:40:06,362 --> 00:40:09,572 I would respectfully argue that the state's position 514 00:40:09,699 --> 00:40:14,249 that the statute of limitations is indefinite is actually a reason 515 00:40:14,370 --> 00:40:16,390 that this case should now be dismissed with prejudice, 516 00:40:16,414 --> 00:40:19,004 because the state could come back, 517 00:40:19,125 --> 00:40:21,875 some over-anxious prosecutor 20 years from now 518 00:40:22,003 --> 00:40:26,223 could decide to pick up this file and prosecute Rachel belleson. 519 00:40:28,259 --> 00:40:29,679 We cannot have that happen. 520 00:40:29,802 --> 00:40:33,142 She won't have her pro bono lawyers like Mr. Jasper and I 521 00:40:33,264 --> 00:40:35,524 available to defend her. 522 00:40:35,642 --> 00:40:38,102 She will be sitting there, essentially undefended. 523 00:40:39,562 --> 00:40:41,652 Thank you, counsel. Mr. Jasper. 524 00:40:41,773 --> 00:40:44,783 - Afternoon, your honor. - Judge: Good afternoon. 525 00:40:45,902 --> 00:40:49,362 One of the things that trial does, 526 00:40:49,489 --> 00:40:52,079 is it puts the facts out there, 527 00:40:52,200 --> 00:40:53,870 by filing its motion to dismiss, 528 00:40:53,993 --> 00:40:57,833 the state tried to make sure that nobody 529 00:40:57,914 --> 00:41:02,254 knew a damn thing about this case, 530 00:41:02,377 --> 00:41:06,257 as it puts everything on Rachel belleson, 531 00:41:06,339 --> 00:41:08,799 the one person who acted within the law. 532 00:41:10,760 --> 00:41:12,010 Thank you, Mr. Jasper. 533 00:41:22,855 --> 00:41:24,315 Based on my review of the file, 534 00:41:24,482 --> 00:41:26,992 the testimony such that it was 535 00:41:27,110 --> 00:41:28,990 and argument presented today, 536 00:41:29,153 --> 00:41:31,823 the court must consider the constitutional rights of the defendant 537 00:41:31,948 --> 00:41:33,828 and the interests of society. 538 00:41:33,950 --> 00:41:40,620 The court also finds that there is no substantive, outstanding evidence. 539 00:41:43,334 --> 00:41:46,054 So with that, this matter is dismissed 540 00:41:49,173 --> 00:41:50,173 with prejudice. 541 00:41:57,140 --> 00:41:58,180 Thank you, everyone. 542 00:42:14,198 --> 00:42:15,988 Lance: It's what we've been waiting for, 543 00:42:16,159 --> 00:42:18,489 I don't know, I can't even describe it, 544 00:42:18,619 --> 00:42:20,139 it's the best feeling ever, especially just knowing 545 00:42:20,163 --> 00:42:22,253 what it means to Rachel. 546 00:42:25,960 --> 00:42:29,050 Rachel: This verdict means 547 00:42:29,172 --> 00:42:32,972 that someone in a position of power heard me and believed me 548 00:42:33,092 --> 00:42:38,642 and I... that's not something that I have experienced much in my life. 549 00:42:41,017 --> 00:42:46,517 So it's just tremendously wonderful.